Prepared by and Return to:
John D. Cassels, Jr. Esq.
Cassels & McCall
P.O. Box968
Okeechobee, Florida 34973
File No: 4851
Parcel No: 1-28-37-35-0A00-00034-DOOO
DRAINAGE EASEMENT
THIS AGREEMENT made and entered into t h i s £ . day of June, 2016, by CHRISTA
CULBRETH LUNA, joined by MARCUS B. LUNA. her husband, whose mailing address is P.O. Box 924,
Okeechobee. FL 34973, , hereinafter referred to as GRANTOR, and OKEECHOBEE COUNTY, a
political subdivision of the State of Florida, whose mailing address is 304 N.W. 2nd Street,
Okeechobee, FL 34972, hereinafter referred to as GRANTEE:
WITNESSETH
GRANTOR for Ten ($10.00) Dollars and other good and valuable consideration to
GRANTEE does convey and transfer unto GRANTEE, its successors, and assigns, a non-exclusive
drainage easement (the "Easement") over, in and to the following described land, situate, tyring in
and being in Okeechobee County, Florida, to wit:
See Legal Description attached hereto and made a part hereof as Exhibit "A".
Said Easement, described in Exhibit "A" attached hereto, is given for the purpose of
constructing, altering, extending, relocating, maintaining, and using public storm drainage facilities,
including, but not limited to, storm sewers, drainage channels, tributary connections, control
structures and other appurtenances thereto, as permitted by the rules and regulations of the South
Florida Water Management (the "District") subject to the following terms and conditions:
1.
The Easement shall be maintained and managed by the Grantee as a public flow-way
subject to the regulations of Okeechobee County and the District.
2.
The Easement shall not be construed to restrict Grantor from the use of the Property within
the Easement so long as such use does not impair or interfere with the use and maintenance
of the Easement by the Grantee or otherwise impact, alter or affect the storm drainage
facilities constructed within.
3.
Notwithstanding anything to the contrary in this Easement, Grantor's Property described in Exhibit
"B" attached hereto and made a part hereof presently drains into the Easement, which drainage
shall continue unabated based upon the current use of the Property. Any future maintenance or
improvement to the drainage facilities within the Easement shall make allowance for such
continued drainage.
4.
Grantee, its employees and agents, shall have the right of ingress and egress at all times to
enter upon the Easement for the purposes herein described.
5.
Grantee shall not disturb, damage or impair the vegetative buffer westerly of the Easement.
Should Grantee disturb, damage or impair said vegetative buffer, it will restore same to its preexisting condition, using like or similar vegetation as soon as reasonably practicable.
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6.
As consideration for the Easement, Grantee shall construct a driveway access from the
adjacent public right of way westerly to the point where it meets the existing driveway
connection which was cut and removed in order to install the new culvert structures
contemplated by this easement. In the case of a new culvert crossing , it shall be located as
directed by Grantor, (provided such location complies with the Okeechobee County Code as to
setback from adjacent properties) , including but not limited to a culvert structure meeting
Grantee and District standards similar to the culvert structures already installed by the Grantee
to the south of the Grantor's property on SW 71h Avenue. Where there is no existing paved
driveway, the paved driveway installed by the County shall extend from the adjacent public right
of way westerly beyond the ditch to a point of undisturbed soil. In the event the new culvert
structure is replacing an existing driveway connection and culvert, the Grantee shall replace the
driveway connection with the same type of materials and features as the existing driveway
connection .
7.
Future maintenance of said driveway and culvert structure shall be in accordance with
standard policies and schedules established by the Grantee. If Grantor desires upgraded
driveway materials meeting the Okeechobee County Code, Grantee shall use such upgraded
materials and Grantor shall pay to Grantee the difference between said upgraded materials and
the proposed baseline materials and the difference in the installation of same .
8.
Grantor hereby waives and releases Grantee , its employees and agents , from any and all
claims for damage , known and unknown , foreseen and unforeseen, arising by reason of the
use of the Easement for the purposes herein described ; provided that Grantee shall not
disturb, damage or impair Grantor's remaining Property and Grantee shall restore any
disturbed , damaged or impaired Property of Grantor to its peexisting cond ition as soon as
reasonably practicable. Grantee hereby waives and releases Grantor from any and all
claims for damage , known and unknown , foreseen and unforeseen , arising by reason of the
use of the Easement for the purposes herein described .
9.
Neither this Easement, nor the drainage facilities to be constructed and maintained therein
shall create any warranty, express or implied , that Grantor shall not experience , or continue
to experience periodic storm events with resulting flooding and consequential personal injury
or personal injury or property damage.
10.
This Easement shall apply to all interests in the described Property, now owned or
hereafter acquired or assigned by Grantor or Grantee and shall be deemed to be a
covenant to that runs with the land . Provided further, th is Easement shall terminate if the
replacement culverts and driveway connections are not substantially complete within five
months from the date of execution hereof.
IN WITNESS WHEREOF, Grantor hereto has executed this Agreement on the day and
year first above written .
!ZkA=tA ~A
~TNESS as to bot~ '
!SP.. 0ercoL~ 111 e
Witness Print Name
WITNESS as to both
-
\
*- jl~
MARCUS B. LUNA
~£GIZA L. lSatJd
Witness Print Name
(7697-265779.DOCX}
I
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STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before me this (.p'"-111 day of June, 2016 , by CHRISTA
CULBRETH LUNA and MARCUS B. LUNA ~who are personally known to me or D who have produced
as identification.
-----------------------------Signature of Notary Public
Printed name of a
My commission ~r~~
ATTEST:
Clerk, Board of County
Commissioners
{7697-265779.DOCX )
BOARD OF COUNTY COMMISSIONERS
OF OKEECHOBEE COUNTY, FLORIDA
By: ______________________
Frank Irby, Chair
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Exhibit
LOCATION MAP
SCALE: N.T.S.
A
IJ
11
LEGAL DESCRIPTION:
BEING A PORTION OF SECTION 28, TOWNSHIP 37 SOUTH,
FLORIDA, MORE PARTICULAR LY DESCRIBED AS FOLLOWS ;
RANGE
35
EAST,
OKEECHOBEE
COUNlY,
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 28;
THENCE SO UTH 00'11 '2 1 " EAST, ALONG THE EAST LI NE OF THE NORTHWEST ONE QUARTER OF SAID
SECTION 28, (AS A BASE OF BEARI NGS) , ALSO BEING THE WEST RIGHT OF WAY LI NE OF SOUTHWEST 7TH
AVENU E AND ITS NORTHERLY EXTENSION, A DISTANCE OF 444.07 FEET TO THE POINT OF BEGINNING;
THENCE CONTIN UE SOUTH 00' 11'21" EAST ALONG SAID EAST LI NE AND SAID WEST RIGHT OF WAY LINE, A
DISTANCE OF 228.63 FEET;
THENCE SOUTH 89'39'54" WEST, A DISTANCE OF 12.00 FEET;
TH ENCE NORTH 00'11' 21" WEST, A DISTANCE OF 228.66 FEET;
THENCE NORTH 89'48 '39" EAST, A DI STANCE OF 12.00 FEET TO THE POINT OF BEGINNING;
SAID LANDS SITUATE IN OKEECHOBEE COUNlY, FLORIDA CONTAINING 2 ,743 SQUARE FEET, MORE OR LESS .
SURVEYOR 'S NOTES :
1. REPRODUCTIONS OF THIS DOCUM ENT ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A LICENSED FLORIDA PROFESSIONAL SURVEYOR AND MAPPER.
2. BEARINGS SHOWN HEREON ARE RELATIVE TO THE EAST LINE OF THE NORTHWEST ONE QUARTER OF
SECTION 28, TOWNS HI P 39S , RANGE 35E, (ASSUMED TO BEAR N 00' 11'21" W).
3. THERE MAY BE EASEMENTS, RESTRICTIONS AND/OR RIGHTS- OF- WAY NOT SHOWN HEREON.
4 . PARCEL CONTRO L NUMBERS (PCN) SHOWN HEREON WERE TAKING FROM THE OKEECHOBEE PROPERlY
APPRAISER'S WEBSITE AND ARE FOR IN FORMATIONAL PURPOSES ONLY.
LEGEND
O.C.P.R.
28-37 -35
OKEECHOBEE COUNlY PUBLIC RECORDS
SECTION, TOWNSHIP, RANGE
PB
PLAT BOOK
PG
PAGE
PCN
PARCEL CONTROL NUMBER
THIS IS NOT A BOUNDARY SURVEY
PREPARED FOR:
OKEECHOBEE COUNTY
RE\IISE EASEMENT
SEE
05/ 31/16
N/A
SKETCH_ &_OESCRIPTlON
SEE
09/26/14
N/A
ROK
OWN
DATE
FB/PG
CKD
RE.VISION
~
~
CRAIG A. SMITH & ASSOCIATES
~CJIE»
~
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CJIEt
CONSULTING ENGINEERS-PLANNERS-SURVEYORS
1n1 GLADES ROAD SUITE 410
BOCA RATON, 79Fl.ORIOA JJ-434
cJi"'Jo Jio~~~10
RDK
7TH AVENUE
PROPOSED 12' DRAINAGE EASEMENT
OKEECHOBEE COUNlY, FLORIDA
1-----P~R~OJ~EC~T~NU~IA~B~ER:-=-::-=1~+-=0"::"9~03~2~07~=--:---:-:::-:::---1
FlLE NAME: 01
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SHEET
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IV
PONT OF COMMENCEMENT
NE CORNER OF THE NW 1/4,
SECTION 28-27-35
2
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--
--
SCALE: 1" "' 60'
LOT 4
BLOCK 1~
LOT 13
WOODLAND ARK
(PLAT BOOK 2, PAGE '28. nr.P ~.)
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PCN 1-28-37-35-0A00-00034-0000
LOT 12
LOT 6
LOT 11
LOT 9
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PCN 1-28-37-35-0A00-00034-DOOO
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PROPOSED 12'
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DRAJNAGE rASEIIENT
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PCN 1-28-37-35-0A00-00048-AOOO
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BLOCK 21
WOODLAND
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(P J BOOK
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THIS IS NOT A BOUNDARY SURVEY
:;,SURVEYORS CERTlRCATE:
·$1 HEREBY camFY 1HAT 1IIIS SICEICH AND lli!SCRIPIION IS ACCURAlE 1U 1HE
~BESF OF' YY KNOWl.EDGE AND BE1lEF AND WEEJS THE M!NIUUM ~NICAL
cS srANDARDS IS SEI" FllRIH l1f 1HE FLORIM IIOoiRD OF PROFESSIONAL SUJM:'ICRS AND
,:_ IW'PERS IN CIW'IER IllS 51-17, FLORIDA oiDMINSIRAlNE COO£, PIJRSIJANT 1U SEil11CN
0 4'/2.027, FIJlRIM SfAliiES.
t"'
<:1'
'-!
FOR lME FIRII,
ROBERT D. KEENER
PROFESSIONAL SURVEYOR AND MAPPER f4846
REVISION
SEE
SEE
05/31/16
09/26/14
N/A
N/A
ROK
ROK
DWN
IMlE
FB/PG
CKD
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EXHIBIT B
GRANTOR'S LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 28, TOWNSHIP 37 SOUTH, RANGE 35 EAST,
OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF ABNEY ACRES, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 6, PAGE 82, OF THE PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA, SAID CORNER BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF SW
7TH AVENUE (50 FEET WIDE); THENCE SOUTH 00°44'09" WEST ALONG SAID WEST RIGHT-OFWAY LINE, A DISTANCE OF 221.67 FEET TO THE POINT OF BEGINNING THENCE CONTINUE
SOUTH 00°44' 09" WEST ALONG SAID WEST RIGHT-OF-WAY LINE OF SW 7TH AVENUE, A
DISTANCE OF 228.63 FEET TO THE NORTHEAST CORNER OF PARCEL OF LAND DESCRIBED IN
OFFICIAL RECORDS BOOK (ORB) 335, PAGE 328 OF THE PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA; THENCE DEPARTING SAID WEST LINE, BEAR NORTH 89°24' 36" WEST
ALONG THE NORTH LINE OF SAID ORB 335, PAGE 328, A DISTANCE OF 329.83 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL BEING ALSO A POINT ON THE EAST LINE OF THAT
PARCEL DESCRIBED IN ORB 335, PAGE 825 OF THE PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA; THENCE NORTH 00°48'11" EAST ALONG SAID EAST LINE, A DISTANCE OF
147.53 FEET TO THE NORTHEAST CORNER OF SAID ORB 335, PAGE 825, BEING ALSO THE
SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORB 357, PAGE 361, OF THE
PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE NORTH 00°32'14" EAST
ALONG THE EAST LINE OF SAID ORB 357, PAGE 361, A DISTANCE OF 81.94 FEET; THENCE
DEPARTING SAID EAST LINE BEAR SOUTH 89°15'51" EAST A DISTANCE OF 329.93 FEET TO
THE POINT OF BEGINNING.
{7697-265779.DOCX)
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